Does Your Marriage Need a Postnuptial Agreement?

Posted By Lois M. Brenner, Esq. || 8-Jun-2017

Getting married is very exciting! It’s June-Wedding month and bride’s are eagerly gearing up
for their summer weddings and all the glitz, glamour and drama a wedding brings.

But what about after the wedding day? Are you truly prepared for the marriage?
Many couples find once married there are some important issues that weren’t
discussed. However, it’s never too late. That’s why we have
postnuptial agreements.

Postnuptial agreements came into acceptance in the U.S. in the later portion of the 20th century. It was in the 1970’s that postnuptial agreements were met
with wide acceptance motivated by what many think was the increase in
divorce in the 70’s.

A postnuptial agreement is a written contract executed
after a couple gets married or have entered a civil union. The purpose of this contract is to address and settle a couple’s
affairs in the event of a separation or divorce.

When crafting a postnuptial agreement, I suggest you consider the following:

assets, liabilities, income

expectations of gifts and inheritances.

the status of gifts, inheritances, and trusts either spouse receives or
benefits from, whether before or after marriage.

how post-marital debts will be paid.

decide who, or if both of you, will own or occupy the marital residence
and secondary homes in the event of death or divorce

what happens to your marital property in the event of death or divorce.

what happens to property-real estate, jewelry, artwork, antiques etc.

alimony, maintenance, spousal support, children

death benefits- what you will provide for in your will.

If I can help you create a postnuptial agreement that meets the needs of
your marriage, call me. 212.734.1551.